Prime Subaru of Manchester, N.H., has filed a protest with the state’s Motor Car Business Board over Subaru of New England’s refusal to approve Group 1 Automotive Inc. as purchaser of the dealership — the final remaining retailer within the Prime Automotive Group portfolio.
The protest, dated Dec. 10, seeks a listening to and cites violations of regulation between the distributor and dealership and breach of its supplier settlement. The shop requested for the listening to as a result of it claims distributor Subaru of New England refused “to consent to the sale” to Group 1 and due to “its contingent train of a proper of first refusal.”
Producers and distributors have the suitable to say no an authentic purchaser on a proposed dealership transaction and as an alternative assign the sale to a purchaser it chooses, however must hold the identical phrases of the deal.
Prime Subaru stated Subaru of New England supplied a “turndown letter” on Oct. 28, and reaffirmed its choice in a Nov. 9 letter, based on the protest. The submitting stated Subaru of New England did not present a motive for rejecting the sale, nor did it train its proper of first refusal inside its contractual timeframe. Prime Subaru additionally alleges that Subaru of New England “presupposed to train its proper of first refusal if Prime Subaru filed a protest over the turndown,” based on the protest.
An govt with Subaru of New England didn’t reply to requests for remark.
A gathering of the New Hampshire Motor Car Business Board is slated for Jan. 27 wherein it plans to distribute the Prime Subaru-Subaru of New England case, based on the board’s web site.
In November, Group 1, the nation’s fourth-largest new-vehicle retailer, purchased the overwhelming majority of Prime Automotive, closing on 28 dealerships in two transactions.
Group 1’s Pete DeLongchamps advised Automotive Information that Subaru of New England is the “solely holdout” amongst distributors and producers in approving dealership transfers as a part of the Prime Automotive acquisition.
“We simply do not perceive why Subaru of New England would not readily approve the transaction,” stated DeLongchamps, Group 1’s senior vice chairman of producer relations, monetary companies and public affairs.
Prime Automotive continues to function the Subaru dealership.
The Prime group bought its second-to-last dealership this month: a Toyota retailer in Lancaster, Mass., in a deliberate deal beforehand reported by Automotive Information.
DeLongchamps beforehand advised Automotive Information that Group 1 got here to an settlement with Toyota to take away one in all two Toyota dealerships initially in its Prime acquisition as a result of it might have had too many shops in a single geographic area with the model.
On Dec. 7, supplier Kurt Koch purchased Prime Toyota Route 2, Prime confirmed to Automotive Information. The shop was renamed Koch Rt 2 Toyota.
Group 1 of Houston ranks No. 4 on Automotive Information‘ record of the highest 150 dealership teams primarily based within the U.S., retailing 140,221 new autos in 2020.
Jefferies brokered the Koch-Prime transaction.